Breaking: Say hello to Senator Al Franken; Update: Coleman concedes

posted at 2:35 pm on June 30, 2009 by Ed Morrissey

To no one’s great shock, the Minnesota Supreme Court has rejected Norm Coleman’s appeal of the election contest and awarded the Senate election to Al Franken. The decision, expected last week, stated that Coleman failed to prove that recounting thousands of rejected ballots would have impacted the final results:

It is U.S. Sen. Al Franken.

The Minnesota Supreme Court today decided that Franken, a Democrat, won the highest number of votes in last year’s U.S. Senate race and deserves a signed election certificate.

The court said that Republican Norm Coleman didn’t prove that a lower court made mistakes requiring a rehearing of the case. Coleman had asked the court to order thousands of rejected absentee ballots counted. He had hoped the counting would allow him to overcome Franken’s 312-vote lead.

As I wrote before, the equal-protection argument Coleman used for this appeal had more chance of success in federal court rather than state court. The state court kept itself to the issues of state law, rather than the more expansive federal issue of equal treatment of votes. No one who followed the arguments at the court can be surprised by this decision, which was unanimous.

Coleman could push this into the federal courts, but he has yet to commit to doing so. Tim Pawlenty indicated that he would follow the state Supreme Court’s direction in handling the election certificate, which means Franken will probably take his seat this week in the Senate. If Coleman appeals to the federal court, he will have to also deal with Franken’s status as a seated Senator.

My guess — and this is just a guess — is that Coleman will call it a day. We’ll soon see.

Update: Eric Black reports that the certificate was not specifically ordered. Hmmm. That gives Pawlenty an out, if he chooses to wait for a Coleman federal appeal.

Update II: Ignore my original update II. ABC News sent out an old report, and I didn’t catch it at first.

Update III: Catching this via Twitter from Howard Kurtz — Norm Coleman has conceded. He wants to focus on fishing more than the governor’s race for now, but I think he decided to stop now to preserve his viability within the state of Minnesota. Probably not a bad decision for him personally.

Update IV: Coleman’s statement, as provided by his campaign:

“Ours is a government of laws, not men and women. The Supreme Court of Minnesota has spoken and I respect its decision and will abide by the result. It’s time for Minnesota to come together under the leaders it has chosen and move forward. I join all Minnesotans in congratulating our newest United States Senator – Al Franken.

“Just a few last words about my legal challenge. Sure, I wanted to win. Not just for myself but for my wonderful supporters and the important values I have always fought for. I also thought it was important to stand up for enfranchising thousands of Minnesotans whose votes weren’t counted like the others were. After all, issues and politicians come and go, but voting is fundamental.

“It is the essence of democracy so I knew we needed to do everything we could to get it right.

“I am forever grateful and humbled by the people of Minnesota who have given me the honor to represent them – and even more grateful for their wisdom, courage, patience and understanding over these past several months.

“The path that I take in the future is not nearly as important today as the path that we must now — all travel on together — to strengthen our state and our nation.

“I have never believed that my service is irreplaceable. We have reached the point where further litigation damages the unity of our state, which is also fundamental. In these tough times, we all need to focus on the future. And the future today is we have a new United States Senator.

“I congratulate Al Franken and his victory in this election. He now enjoys the advantage that our Congressional Delegation has over the other 525 people on Capitol Hill: he represents Minnesota.

“I know the great ideas, the amazing work ethic and the historic ability to come together to get things done in this state will help him greatly, as it has me.

“Speaking of which, I think we all should take a moment to thank Amy Klobuchar and her staff. They have done a great job of carrying the burden of two Senators these last six months. She is an extraordinary public servant.

“I don’t reach this point with any big regrets. I ran the campaign I wanted. I conducted the legal challenge I wanted. And I have always believed you do the best you can and leave the results up to a higher authority. I’m at peace with that. As to my future plans, that’s a subject for another day.

“We live in a great country and a great state. We can all have confidence that by some path we don’t yet know – one which we can all come together to lay out – we will arrive at the better future we all seek.

Blowback

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Comments

60, count em’, 60 filubustering blocking votes. The gop, stupid as ever, wasted millions they could have spent on top tier senate races in the 2010 season. For what, delay seating Al by a month or two? Who runs that party anyway? Oh, thats right, Mikey Steele, boy genius. What else can the gop screw up? Maybe the tea-bagging parties will fix everything, along with a unicorn or two. SENATOR AL FRANKEN. Man, it just rolls off the tongue. read it and weep goopers.

Can carry a gun, on my hip, all day long. Just not concealed thanks to LIB COMMIE SISSIES.
Jeff from WI on June 30, 2009 at 7:11 PM

You mean WISCONSIN lib commie sissies. What is in the water over there, must be that wasteland ten miles beyond the Minnesota border, or perhaps they just don’t trust men in a state which can’t win a World Series.

Oh my…no conceal/carry over there. Too bad, I’ll be wearing one of my guns concealed tonight at dinner, which one should I choose?

As for finding the original intent, it’s impossible because it doesn’t exist.

mycowardice on June 30, 2009 at 4:13 PM

You’re joking, right?. How do you think SCOTUS tried to justify their fictional “separation of church and state” doctrine? That phrase occurs nowhere in the Constitution. They in fact, got it from nothing that was any type of official document. Justice Black plucked it from an innocuous letter Jefferson had written back to a Baptists in Danbury, CT. (Jefferson was responding to a letter they had written congratulating him for his election). Jefferson was celebrating the fact the country had passed the 1st Amendment. He was re-assuring the Baptists that they (the Baptist religion and local congregations) would now be protected from the state!!!. So, you see, there are writings that can be used to misinterpret original intent.

What types of things do you think exist in the National Archives? Sheesh.

Is this the same SCOTUS that once ruled that Africans imported into the US, and their descendants, whether they be slaves or not, were not protected by the Constitution, could never become citizens, and the Fed Govt had no authority to prohibit slavery in any US states or territories?

Is this the same SCOTUS the made up the term “right to privacy”? A phrase that occurs nowhere in the Constitution, but is now assumed to be in the Constituion.? That SCOTUS?

Klobo and now Frankenslime. All this after Dayton turned up missing/hiding under his desk, Govenor Goofey and Jesse The Brain. I’m just gonna start backhanding everyone I run into and tell them, “that’s for voting for Klobo and Frankenslime.” Maybe these idiots will get the hint.

The state of New York fined the personal corporation of Democratic Senate candidate Al Franken $25,000 for not carrying workers’ compensation insurance for almost three years.

The New York Workers’ Compensation Board levied the fine against Alan Franken Inc. in August 2006 for failure to carry the insurance from June 2002 to March 2005.

Brian Keegan, a board spokesman, said a number of notices were sent to the address the New York agency had listed for Franken, but the television personality and political commentator didn’t become aware of the fine until Tuesday, said his campaign spokesman, Andy Barr.

“If there’s a mistake by the Frankens it was an inadvertent mistake as opposed to trying to evade the law,” Barr said.

“Shouldn’t you feed the lepers, Supply Side Jesus?”

“No, Thomas. That would just make them lazy.”

“Then shouldn’t you at least heal them, Supply Side Jesus?”

“No, James. Leprosy is a matter of personal responsibility. If people knew I was healing lepers, there would be no incentive to avoid leprosy.”

I have, to some degree. It just drives me nuts that these guys have stolen values, when they’re corrupt, dishonest, greedy. They hire people by cronyism. They hijack religion and Jesus, when Jesus talked about helping the poor. As I always say, if you cut out every passage in the New Testament where Jesus talks about helping the poor, or helping the least among us – if you cut out each one of those passages, you’d have the perfect box to smuggle Rush Limbaugh’s drugs.

I can’t understand why any Minnesota woman would have voted for this sleazy pro-rape candidate. Franken thinks violating your mothers, daughters, sisters, wives and/or girlfriends is FUNNY, and fodder for his sick, perverted jokes. The stupid MN skanks that voted for this dip$hit deserve the second class representation they’ll get from this pathetic maggot.

Yet if SCOTUS legalized gay marriage this one would be foaming at the mouth about “judicial activism”

So you agree that states are not violating the 14th Amendment by defining marriage, and if SCOTUS would to rule otherwise, they would be making up a new law, thus engaging in judicial activism? Just want to be clear. Are you FOR or AGAINST judicial activism?

Is this the same SCOTUS that once ruled that Africans imported into the US, and their descendants, whether they be slaves or not, were not protected by the Constitution, could never become citizens, and the Fed Govt had no authority to prohibit slavery in any US states or territories?

Is this the same SCOTUS the made up the term “right to privacy”? A phrase that occurs nowhere in the Constitution, but is now assumed to be in the Constituion.? That SCOTUS?

Fed45 on June 30, 2009 at 8:39 PM

The same SCOTUS. Although the SC justices part of SCOTUS change once in a while.

It’s funny, but the court that ruled like you mention did it under the cover of original intent.

Both parties are complete failures. We need to throw out these criminal bums and vote for the 3rd party from now on such as the Constitution, Libertarian party, etc. Both Republicans & Democrats don’t give a damn about the people, our country is down the toilet, fast pacing towards Socialism/tyranny/facism, in bed with the Federal Reserve bankers, elitists agenda is to have complete control of the people, tax and tax us to death some more. They can go to hell!!

OMG. Minnesotans would elect ‘Mr. Potato Head’ to office if:
a. He was from Minnesota, and
b. He ran for office.

Is their self-esteem so bad that they’ll put ANY Minnesota celebrity in office? Didn’t they learn (or, if you’re from Minnesota ‘learnt’) anything from putting Jessie ‘the body’ Ventura in office? I’m at the point where, if I see a car with Minnesota plates on it, I assume a retard is driving.

Had this happened back in January, when the Democrats were far more united, it would have been a bigger problem as a 60th vote. Right now, with Obama’s poll numbers dropping and the 2010 election cycle only five months away in many states, Franken actually could hurt Democrats in swing states if he unleashes some of his more fiery attacks before the CSPAN-2 cameras on a regular basis and they have to run for election trying to defend/explain that.

Is their self-esteem so bad that they’ll put ANY Minnesota celebrity in office? Didn’t they learn (or, if you’re from Minnesota ‘learnt’) anything from putting Jessie ‘the body’ Ventura in office? I’m at the point where, if I see a car with Minnesota plates on it, I assume a retard is driving.

olesparkie on July 1, 2009 at 7:37 AM

While that particular term shouldn’t be used, you are 100% right. I know, I live next to them,and I don’t think anyone from Minnesota understands the left lane is the fast lane, or the fact that cars on the I system can go over 45 MPH.

Great, another Republican throws the rule of law out the window in the name of democracy, bipartisanship and political expediency.

Fuck Norm Coleman.

Sic Puppy on July 1, 2009 at 8:12 AM

I AGREE!!

Coleman should have had the balls to say “I’m conceding because Al ‘The Clown’ Franken and the democrat party in Minnesota have successfully stolen this election. I won on election night. I won after the first vote recount. Then, the democrat party in Minnesota knew exactly how many fake votes it needed to fraudulently produce to deliver the seat to the clown. They cheated. Everyone knows they cheated. So now they’ve got a lying, cheating, phony winner in the Senate.”

Moreover, I want to see EVERY SINGLE REPUBLICAN in the Senate stand up and walk out on Franken’s first day, head to the microphone on the steps, and say something like “Al Franken cheated and stole the election — and EVERYONE knows it. We will never treat him like a colleague. He is a disgrace to the American electoral process. We’ll have to put up with him being in the same room with us, but he is NOT an elected senator from the state of Minnesota. He’s a fraud, and a cheat, and a liar. And he always will be.”

MOREOVER, should the Republicans ever get the Senate majority, when they give the floor to Franken I want them to say “I yield to the fraudulent Senator from Minnesota” EVERY SINGLE TIME.